LEGALISATION OF SAME

SEX MARRIAGE: A
GOLBAL PERSPECTIVE
Submitted To:
Amity International Business School, Amity
University, Noida

Submitted By:
Gaurav Malik, A1802020009 MBA-IB (2020-
22)

Under the guidance of:

Dr. Tilottama Singh
 REVIEW OF LITERATURE

ASIA

The first legalisation of same sex marriage in Asia was decided not by the Legislative Yuan
through a majority vote but by the supreme judicial body of Taiwan, the legislative Yuan. ]. It
is commonly known as first legalisation of same sex marriage in Asia. [Judicial Yuan
Interpretation No. 748, 2017]

This research brief addresses this gap by comparing attitudes toward lesbians and gay men
and about lesbian and gay sexualities in six Southeast Asian countries using nationally
representative survey data. Combined data from the World Values Survey (total n = 9,182
respondents from Indonesia, Malaysia, the Philippines, Singapore, Thailand, and Vietnam)
indicated that many Southeast Asians reject lesbians or gay men as neighbors, with the most
homonegative attitudes to be found in Indonesia (66%) and Malaysia (59%), compared to
relatively less rejecting nations like Thailand (40%), Singapore (32%), Vietnam (29%), and
the Philippines (28%). [ Eric Julian Manalastas, Timo Tapani Ojanen, Beatriz A. Torre
and Rattanakorn Ratanashevorn, 2017]

EUROPE

The consensus based reasoning and analysis of the European Court of human rights in recent
judgements concerning equal marriage rights and its comparison to the court’s past
judgement aims to analyse whether there is a parallel to be seen between the rapid global
trend of legalisation of same sex marriage or the case law on the same topic. [Erasmus L.
Rev, 2017]

In order to conduct a stricter test whether the previously declared orders are being changed or
not, the wave of same-sex union (SSU) laws is examined in Europe. While in the mid-1980s,
no European country provided explicit recognition to gay and lesbian couples, by 2009, 16
European countries had legalized these unions. [Juan J Fernández and Mark Lutter, 2009]

AFRICA

On 30 November 2006, South Africa became the fourth country in the world, and the first on
the African continent, to legalize marriage between people of the same sex. Herein, the
processes that led to that historic moment is explored, what the new legislation means, and
what its impact has been on the lives of those now able to marry legally for the first time. The
book is a collection of interviews, essays and documents, recognizing the multiplicity of
viewpoints on the topic. [Judge, Melanie Manion, Anthony De Waal and Shaun, 2008]

With the enactment of the Civil Unions Bill in 2006, South Africa became the fifth country in
the world, and the first in Africa, to legalize same-sex marriage. While supporters of the bill
hailed the decision as signaling the end of discrimination against homosexual couples, critics
slammed it as undermining traditional marriage between a man and woman. The attitudes and
beliefs of a sample of South African students regarding homosexuality and same-sex
marriage were investigated. [Mwaba and Kelvin, 2009]
NORTH AMERICA

Despite an improving legal landscape for sexual minorities, negative attitudes toward gay
men and lesbian women persist in North America, and same-sex marriage remains a topic of
considerable debate (Waters, Jindasurat, & Wolfe, 2016).

Arguments opposing same-sex marriage are often made on religious grounds. Although the
relationship between religiosity and opposition to same-sex marriage has been noted often in
mainstream media and academic outlets the question of why people oppose same-sex
marriage has not been adequately addressed at the level of social, personality, and political
psychology. (Babst, Gill, & Pierceson, 2009)

A thematic analysis is conducted to critically examine conservative arguments against same-

sex marriage, as articulated in the British press at the time of a public consultation on
marriage equality. Seven opposition arguments were identified: (1) marriage is by definition
and tradition a union between a man and a woman; (2) marriage is designed as a framework
for raising children; (3) if you allow gay marriage now, it will be polygamous and incestuous
marriage next; (4) same-sex marriage would threaten the right to religious freedom; (5) same-
sex couples already have equal rights; (6) changing the law to allow same-sex marriage
would be undemocratic and (7) the government should focus on bigger priorities. [Adam
Jowett, 2013]

SOUTH AMERICA

The legalisation of same-sex marriage in Argentina on 22 July 2010 dealt a serious blow to
Latin America’s longstanding reputation. The country has become one of the first few nations
regarded as being on the cutting edge of homosexual rights. In 2007, Uruguay became the
first Latin American nation to enact nationwide legislation permitting gay civil unions and in
2008, Colombia’s Constitutional Court granted gay couples full rights of insurance,
inheritance, immigration and social security benefits. [Omar G. Encarnación, 2011]

The majority of Americans will marry in their lifetimes, and for many, marriage symbolizes
the transition into long-term commitment. The in-depth interviews with gays and lesbians in
long-term partnerships is done to examine union formation and commitment-making
histories. Using a life course perspective that emphasizes historical and biographical contexts,
the authors examine how couples conceptualize and form committed relationships despite
being denied the right to marry. [Corinne Reczek, Sinikka Elliott and Debra Umberson,
2009]

AUSTRALIA
Same-sex marriage (SSM) has been a contentious topic in recent times. Despite current trends
indicating that support for same-sex marriage is on the rise in Australia, attempts to introduce
marriage equality legislation have failed. A sample of heterosexual Australians completed a
survey regarding their attitudes to marriage equality, homophobia, beliefs about a nature or
nurture basis for same-sex attraction, common assumptions and beliefs about the etiology of
same-sex attraction and social desirability. Believing that the etiology of same-sex attraction
is nature-based predicted positive attitudes towards same-sex marriage whereas thinking
sexual orientation is nurture-based predicted negative attitudes. [Jessica Leigh Sloane and
Laurance Madeleine Robillard, 2018]

The prominent call to legalise same-sex marriage in Australia raises questions concerning
whether its achievement will result in amplified societal acceptance of lesbian, gay, bisexual,
and transgender (LGBT) people, and on what grounds this acceptance will take place. Same-
sex marriage may not challenge heteronormative and patriarchal features typically associated
with marriage, and may serve to reinforce a hierarchy that promotes traditional marriage as
the ideal relationship structure. This may result in only assimilationist acceptance of LGBT
people. [Louise Richardson, 2012]